Skip to main content
CityRuleLookup

Gwinnett County, GA Public Conduct: Public Marijuana Use (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Threshold
One ounce or less
Max fine
$1,000
Max jail
12 months
Court
County recorder's court

Summary

Gwinnett County makes possessing one ounce or less of marijuana anywhere in the county, including in public, a misdemeanor ordinance violation under County Code § 66-3.

These county ordinances apply to unincorporated areas of Gwinnett County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(a)Prohibited. Possession of one ounce or less of marijuana shall be a misdemeanor and an ordinance violation, and may be cited on a uniform traffic citation returnable to the county recorder's court.(b)Penalties. Every person convicted of a violation of this section shall be punished by imprisonment for a period not to exceed 12 months or a fine not to exceed $1,000.00, or both, or public works not to exceed 12 months. (Code 1978, § 9-1004; Code 1994, § 74-3)

State Law reference— Conditional discharge for possession of controlled substances as first offense, O.C.G.A. § 16-13-2; violation of county ordinances, O.C.G.A. § 15-10-60 et seq.; punishment for misdemeanors, O.C.G.A. § 17-10-3; maximum punishments which may be imposed for violations of county ordinances, O.C.G.A. § 36-1-20(b); county responsibility for sentencing and maintenance of inmates, O.C.G.A. § 42-5-51(a).

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 9).

Full Breakdown

Section 66-3 criminalizes possession of one ounce or less of marijuana as both a misdemeanor and a county ordinance violation, citable on a uniform traffic citation returnable to the county recorder's court. There is no carve-out limiting the ban to private property, so it reaches public places, streets, and parks the same as anywhere else the county's police jurisdiction runs. Cities within Gwinnett enforce their own separate codes on this topic.

Violations & Fines

Conviction is punishable by imprisonment for up to 12 months, a fine of up to $1,000.00, or up to 12 months of public works, or any combination, per Sec. 66-3(b).

Frequently Asked Questions

Is it legal to use marijuana in public in Gwinnett County?
No. Possessing one ounce or less is a misdemeanor and ordinance violation under § 66-3, punishable by up to 12 months in jail or a $1,000 fine.
How is a marijuana possession case handled?
It can be cited on a uniform traffic citation and heard in the county recorder's court, per § 66-3(a).

Sources & Official References

Other rules in Gwinnett County

All Gwinnett County rules

Compare Gwinnett County to another location·View the Georgia public conduct overview

Get notified when Public Marijuana Use in Gwinnett County, GA changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.